Johnson v. State
| Docket Number: | 2010-KA-00378-COA Linked Case(s): 2010-KA-00378-COA ; 2010-CT-00378-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Ishee, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Manslaughter - Re-sentencing order Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-14-2010 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: RE-SENTENCED FOR MANSLAUGHTER TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Anthony N. Lawrence, III Case Number: 2004-10,118(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Johnson a/k/a John Edward Johnson |
GEORGE S. SHADDOCK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Manslaughter - Re-sentencing order |
| Summary of the Facts: | John Johnson was convicted of murder and sentenced to life. He appealed, and the Court of Appeals reversed the murder conviction and remanded for resentencing on the lesser-included offense of manslaughter. The circuit court then resentenced Johnson for manslaughter to twenty years. Johnson appeals. |
| Summary of Opinion Analysis: | Johnson argues that the sentencing order is invalid because the order omitted the crime for which he was convicted. Johnson is incorrect in this regard. The re-sentencing order clearly states the following information in the heading: the case number, Johnson’s name, and “MANSLAUGHTER (AS PER COURT OF APPEAL’S [sic] RULING).” Johnson again argues that he acted in self-defense when he shot the victim and that the jury overlooked evidence to support his theory of self-defense. However, Johnson is procedurally barred from raising the same issues that have already been decided on direct appeal. |
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